Encroachment made by flat owner who does not have a title to it

Querist : Anonymous (Querist) 20 December 2011 This query is : Resolved
ARE THERE ANY JUDGMENTS GIVEN WHERE A FLAT OWNER ENCRPACHED INTO THE COMMON AREA WHERE HE HAS NO TITLE TO THE LAND

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Devajyoti Barman (Expert) 20 December 2011
Please give more details of your case.
Do bear in mind that no decision has any blanket application on all the cases of similar nature.
The decisions are given in peculiar circumstances of a case which may not apply even in a case of similar nature.

Raj Kumar Makkad (Expert) 21 December 2011
A landmark judgment is already on this site which you study and use its contents and law discussed therein for your purpose:

http://www.lawyersclubindia.com/judiciary/Appeal-was-allowed-on-Land-Disputes-2835.asp

Devajyoti Barman (Expert) 21 December 2011
Dear Mr Makkad, does this decision has any application to the facts situation of the author of the post?

It was rather on the point of finality of an order and illegality in remanding the order of the high court.
Moreover it is relating to title by a private person over the govt. land.

Querist : Anonymous (Querist) 21 December 2011
The complex has twelve flats out of which two are duplex. one of the duplex owner encroached into the open balcony to which he has no title in his sale deed.
The whole complex was built by the builder with deviations.
The Greater Hyderabad Municipal Corporation as a one time settlement offered a scheme (building regularization scheme) in 2008 under this scheme we got our flats regularized.
After regularization the above encroachment was made without any permission. The municipal corporation gave them a notice that they are constructing illegally into the open balconies without any permission and asked the owner to stop further further construction.
They did not heed to the notice and applied for regularization, which was rejected by the municipal corporation.
The party took an interim stay in the junior civil judge, city civil courts which was latter vacated.
Then in a c.m.a they approached the Addl. chief judge court who also conformed the observations made by the junior civil judge.
The party at present has filed a c.r.p in the high court.

Anirudh (Expert) 21 December 2011
I also find that Mr. Makkad is now a days giving case laws which are irrelevant to the query posed.

Querist : Anonymous (Querist) 21 December 2011
Sir, if Mr. Makkads answer is irrevalant can you please inform me whether there are any judgments relevant pertaining to my question.

Raj Kumar Makkad (Expert) 22 December 2011
Anirudh! Thanks a lot for assessing me constantly.

You please also assess the desire of the author who is demanding the relevant citation. It would have been better for you to provide relevant citation to the author prior to criticising me. I never claim myself as a perfect person rather I am a student of law. I am learning and have to lean daily even from you but please help author first.

It seems every one here tries to criticise other expert rather providing the relief to the author.

Raj Kumar Makkad (Expert) 22 December 2011
#Barman

I had not claimed in my reply that the link provided by me is fully applicable on the facts of the author rather I had provided him a link with a language "A landmark judgment is already on this site which you study and use its contents and law discussed therein for your purpose".

The language is clear. There was no such word used as objected by you. I suggested the author only to study and use its contents and law for his purpose. I still confirm to my suggestion. some case discussed therein is applicable for the case of author.

Encroachment made by flat owner who does not have a title to it

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